P.O. Box 2950 Hagatna, Guam 96932 TEL: (67r) 472-8931. FAX: (671) 477-4826. EMAIL: governor@mailgov.gu Felix P. Camacho Governor Michael W Cruz, M.D. Lieutenant Governor nfr. 01 2009 The Honorable Judith T. Won Pat, Ed.D. Speaker Mina' Trenta Na Liheslaturan Gudhan 155 Hessler Street Hagatiia, Guam 96910 Dear Speaker Won Pat: Transmitted herewith is Bill No. 196-30(COR) "AN ACT TO ADD A NEW 40115.A TO CHAPTER 40, TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO RECOGNIZING VILLAGE MAYORS AS DIRECT REPRESENTATIVES OF THE PEOPLE, EMPOWERING THEM WITH AUTHORITY FOR VILLAGE EVENTS" which I signed into law on November 27,2009 as Public Law 30-68. Sinseru yan Magdhet, ~----- FELIx P. CAMACHO J Maga 'ldhen Gudhan Governor of Guam Attachment: copy of Bill 2t( 3 0. al- 11,;gg. 'a.' O~d~l, o ~~~~~:=~ 1425
I MINA'TRENTA NA LIHESLATURAN cllahan 2009 (FIRST) Regular Session CERTIFICATION OF PASSAGE OF AN ACT TO I MAGA'LAHEN GuAHAN This is to certify that Substitute Bill No. 196-30 (COR), 1/ AN ACT TO ADD A NEW 40115.A TO CHAPTER 40, TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO RECOGNIZING VILLAGE MAYORS AS DIRECT REPRESENTATIVES OF THE PEOPLE, AND EMPOWERING THEM WITH AUTHORITY FOR VILLAGE EVENTS," was on the 13 th day of November, 2009, duly and regularly passed. Attested: RolY'(. Respicio Acting Legislative Secretary Thl~-A~t-~~~-~~ei~~dby-iM~g~;i~~~-C-~dh~~-thi~- - ---TF-- ---d~y -~f---tudv:-,-2009~-~-t------ y~rx olclock~.m. SSlstant Staff Officer Maga'lahi's Office Date: I Maga'lahen Gudhan t?p=~v~ Public Law No. _3_0-_6_8_
IMINA'TRENTA NA LIHESLATURAN GUAHAN 2009 (FIRST) Regular Session Bill No. 196-30 (COR) As substituted by the Committee on Municipal Affairs, Aviation, Housing and Recreation and as amended on the Floor. Introduced by: T. R. Mufia Barnes Telo Taitague T. C. Ada F. B. Aguon, Jr. F. F. BIas, Jr. E. J.B. Calvo B. J.F. Cruz J. V. Espaldon Judith P. Guthertz, DPA Adolpho B. Palacios, Sr. v. c. pangelinan M. J. Rector R. J. Respicio Ray Tenorio Judith T. Won Pat, Ed.D. AN ACT TO ADD A NEW 40115.A TO CHAPTER 40, TITLE 5, GUAM CODE ANNOTATED, RELATIVE TO RECOGNIZING VILLAGE MAYORS AS DIRECT REPRESENTATIVES OF THE PEOPLE, AND EMPOWERING THEM WITH AUTHORITY FOR VILLAGE EVENTS. I BE IT ENACTED BY THE PEOPLE OF GUAM: 2 Section 1. Legislative Findings and Intent. I Liheslaturan Gudhan finds 3 that the responsibilities and authorities of our Village Mayors have evolved over a 4 long period of time. Since the enactment of Public Law 14-27, it is common I
1 knowledge that other elected leaders yield to Village Mayors to seek out what the 2 people from their respective villages desire for the betterment of their community. 3 As the powers, responsibilities, and duties of Village Mayors continue to 4 evolve, it is the intent of I Liheslaturan Gudhan to provide Mayors with greater 5 authority and autonomy to ensure people's needs are taken care of at the 6 community level. Mayors today are not just the custodians of their jurisdiction that 7 maintain a clean and beautiful neighborhood. Our Mayors have been granted 8 authority to act as Peace Officers and are obliged to assist in maintaining law and 9 order. Mayors have also been given powers to issue citations for the violations of 10 sanitary, health, and litter laws in their village. 11 It is the intent of I Liheslaturan Gudhan to recognize our Mayors as the 12 direct administrative representatives of our people and to empower them with the 13 authority to approve any lawful concessionary activities that are officially 14 sponsored or organized by their office or the Mayors' Council of Guam. 15 Section 2. A new 40115.A is hereby added to Chapter 40, Title 5, Guam 16 Code Annotated, to read: 17 " 40115.A. Mayors Empowered with Approving Authority. 18 Notwithstanding any other provisions of law, individual Mayors are granted 19 authority to sponsor and to approve concessions, festivals, fiestas, or other 20 village events associated with the promotion of the Chamorro culture, 21 tradition, heritage and tourism, and officially sponsored by their mayoral 22 office, or by the Mayors' Council of Guam, to be held within village 23 property under the jurisdiction and control of the Mayor or Municipal 24 Planning Council of that village. The names of the events shall be at the 25 discretion of the Mayor. The net proceeds of such concessionary activity 26 shall be given to the Municipal Planning Council of the Village in which the 27 activity is held. 2
1 The Village Mayor or Vice-Mayor will provide a report of the amount 2 of the proceeds that is transmitted to the Municipal Planning Council not 3 more than thirty (30) days from the last day of such event to the Department 4 of Revenue and Taxation, I Maga'lahen Gullhan, the Speaker of I 5 Liheslatura, and the Office of Public Accountability. 6 This special authority granted to Mayors does not negate any other 7 governmental requirement from being met, including, but not limited to, 8 health and sanitary permits if such concessionary activities involve the 9 handling of consumables, or the approval and permitting for gambling and 10 cockfighting activities, or other permit or licensing requirements. A 11 Certificate of Approval affixed with the approving Mayor's signature shall 12 constitute the official authorization for a concessionary activity not to exceed 13 a period of thirty (30) days. Such document shall indicate the nature of the 14 activity and the activity's duration, which shall not exceed sixty (60) days 15 from issuance of approval. A copy of the certificate shall be transmitted to 16 the Speaker of I Liheslaturan Gullhan. The funds and activities generated in 17 this Section shall be subject to annual audit by the Office of Public 18 Accountability." 3